Page 22

(b) Issue a provisional license/provisional approval with an accompanying correction notice if one or more violations have been cited which do not seriously threaten the health, safety or well- being of children; or (c) Deny the issuance of a license/approval if one or more violations seriously threaten the health, safety, or well-being of the children. (6) Failure of Department staff, except as provided by statute, to approve or deny any complete application within ninety days shall result in the granting of a provisional license/provisional approval. (7) If a license/approval is issued, the Department staff shall mail the license/approval directly to the director. (8) The license/approval shall state clearly the name of the director, the address and type of child care facility, the date on which the license/approval was issued and will expire, and the maximum number of children to be present in the center at any one time. (9) Department staff shall notify the director as follows if a provisional license/provisional approval is issued or an application for a license/approval is denied: (a) If a provisional license/provisional approval is issued, the Department shall notify the director in writing of violations to be corrected. The violations shall be cited by regulation number and shall include a form issued by the Department for the director to complete a written plan to correct each violation as approved by the Department; (b) If a license/approval is denied, the Department shall give the applicant written notice by certified mail indicating the reason(s) for the denial. (10) If a facility is found to be in operation after the Department has denied the application for the license/approval and the administrative appeal/review procedure has been completed, the Department shall notify the Department’s Office of General Counsel. B. Provisions of the license/approval (1) A regular license/regular approval issued by the Department to the child care center shall be valid for two years from date of issuance, unless revoked by the Department or voluntarily surrendered by the director; provided however, that a change in location, ownership or sponsorship of the facility shall automatically void the license/approval. (2) A provisional license/provisional approval issued by the Department to a child care center shall be issued for a period within which the deficiencies shall be corrected, and within the conditions permitted by statute. (3) A provisional license/provisional approval shall be amended from a provisional to a regular license/approval when all deficiencies have been verified as corrected. (4) An application for a license/approval may be denied or the license/approval may be revoked by the Department if the owner, director, any staff member, volunteer(s) or emergency person(s) has been determined to have abused or neglected any child as defined in Section 63–7–20 S.C. Code of Laws, as amended. C. Inspection and consultation (1) Department staff may visit and inspect a child care center once per year for annual inspection at any time during the hours of operation without prior notice to verify regulatory compliance. (2) Department staff shall provide at least two working days’ notice to the director or center director prior to conducting an initial or renewal inspection. (3) The director and staff shall cooperate with the investigation and related inspections by providing access to the physical center, records, excluding financial records, and staff. (4) The Department has the right to interview staff and parents relating to regulatory compliance. (5) Upon receipt of a regulatory complaint, the Department shall conduct an unannounced inspection of the center to investigate the complaint. If the complaint is written, the Department shall provide a copy to the director upon request. (6) The director may request consultation from the Department. Department staff shall provide technical assistance to the director as requested.